Eater today points out an interesting lawsuit currently making its way through the courts against Upper West Side sushi restaurant. Susan Deprado claims that on the night of June 27, 2008, "somewhere around midnight" she received a takeout order of tuna rolls with spicy sauce on the side. Except she says the spicy sauce in question came with a little semen.
After she realized something was off with her sauce, Deprado called 911 (she was "sick to her stomach") and was taken to St. Luke's/Roosevelt Hospital. She says she still suffers "physiological and psychological injuries, has had to increase threefold her psychological care for anxiety and depression, and that she still cannot eat sushi, which had been her favorite food." Planet Sushi is trying to get the case thrown out of court, claiming that she spoiled evidence. Specifically, after the incident she sent half the sauce to a lab for testing and froze the other half. After two inconclusive tests a third showed a "possible presence of bodily fluids," but without a DNA test it would be hard to confirm. And then it gets weird. Take it away, Judge Arthur Engoron's decision to deny a motion to dismiss the case:
The report of the results specified that the sample would be discarded after six months if plaintiff did not make arrangements to retain it. Plaintiff, who hired her attorneys approximately one month after the incident, made no effort to have the lab company retain the sample, nor did her counsel. At her September 10, 2010 deposition, plaintiff stated at several points in the questioning that she had discarded the frozen sauce after about a year, just about the time that she brought the instant lawsuit. Some two months later, plaintiff submitted an errata sheet that, without explanation, changed her answer to one question, to the extent of stating that she had not thrown the sauce away, but, rather, still had a portion of it. She did not change several other answers indicating that she had, indeed, thrown the sauce away.
Which is to say, she let the lab throw out their half of the "semen sauce," and then became very unsure if she still had her half (hey, freezers can get messy!). That here-today-gone-tomorrow evidence was enough for Planet Sushi to try and get the case dropped, but not enough for Judge Engoron. He points out that by law since she never "unequivocally admitted she destroyed or discarded the evidence" and "now claims that she still possesses some of the special sauce," the case must go on. If Planet Sushi wants to contest her credibility in court, that is their prerogative.
When we tried to reach Planet Sushi for comment a manager feigned ignorance and asked us to call their accountant. He has not yet returned our calls.